1997 - 1998 LEGISLATURE
SENATE AMENDMENT 3,
TO 1997 ASSEMBLY BILL 768
May 7, 1998 - Offered by Senators Burke, Decker, Jauch, Shibilski, Wirch,
Grobschmidt, Clausing, C. Potter, Moore, Risser, Plache, Chvala
and Moen.
AB768-SA3,1,21 At the locations indicated, amend the bill, as shown by assembly substitute
2amendment 1, as follows:
AB768-SA3,1,3 31. Page 25, line 10: after that line insert:
AB768-SA3,1,4 4" Section 19g. 18.13 (4g) of the statutes is created to read:
AB768-SA3,1,75 18.13 (4g) Public intervenor. Notwithstanding s. 165.075, the public
6intervenor does not have authority to initiate any action or proceeding concerning
7the issuance of obligations by the building commission under this chapter.".
AB768-SA3,1,8 82. Page 313, line 20: after that line insert:
AB768-SA3,1,9 9" Section 393skk. 165.07 of the statutes is created to read:
AB768-SA3,2,4 10165.07 Assistant attorney general — public intervenor. (1) The attorney
11general shall designate an assistant attorney general on the attorney general's staff
12as public intervenor. Written notices of all proceedings under chs. 30, 31, 281 to 285
13and 289 to 299, except s. 281.48, shall be given to the public intervenor and to the

1administrators of divisions primarily assigned the departmental functions under
2chs. 29, 281, 285 and 289 to 299, except s. 281.48, by the agency head responsible for
3such proceedings. A copy of such notice shall also be given to the natural areas
4preservation council.
AB768-SA3,2,12 5(2) The public intervenor shall formally intervene in proceedings described in
6sub. (1) when requested to do so by an administrator of a division primarily assigned
7the departmental functions under chs. 29, 281, 285 or 289 to 299, except s. 281.48.
8The public intervenor may, on the public intervenor's own initiative or upon request
9of any committee of the legislature, formally intervene in all proceedings described
10in sub. (1) whenever such intervention is needed for the protection of "public rights"
11in water and other natural resources, as provided in chs. 30 and 31 and defined by
12the supreme court.
AB768-SA3,2,23 13(3) Personnel of the department of natural resources shall, upon the request
14of the public intervenor, make such investigations, studies and reports as the public
15intervenor may request in connection with proceedings described in sub. (1), either
16before or after formal intervention. Personnel of state agencies shall at the public
17intervenor's request provide information, serve as witnesses in proceedings
18described in sub. (1) and otherwise cooperate in the carrying out of the public
19intervenor's intervention functions. Formal intervention shall be by filing a
20statement to that effect with the examiner or other person immediately in charge of
21the proceeding. Thereupon the public intervenor shall be deemed a party in interest
22with full power to present evidence, subpoena and cross-examine witnesses, submit
23proof, file briefs or do any other acts appropriate for a party to the proceedings.
AB768-SA3,3,4 24(4) The public intervenor may appeal from administrative rulings to the courts.
25In all administrative proceedings and judicial review proceedings the public

1intervenor shall be identified as "public intervenor". This section does not preclude
2or prevent any division of the department of natural resources, or any other
3department or independent agency, from appearing by its staff as a party in such
4proceedings.
AB768-SA3, s. 393skL 5Section 393skL. 165.075 of the statutes is created to read:
AB768-SA3,3,10 6165.075 Assistant attorney general; public intervenor; authority. In
7carrying out his or her duty to protect public rights in water and other natural
8resources, the public intervenor has the authority to initiate actions and proceedings
9before any agency or court in order to raise issues, including issues concerning
10constitutionality, present evidence and testimony and make arguments.
AB768-SA3, s. 393sL 11Section 393sL. 165.076 of the statutes is created to read:
AB768-SA3,3,23 12165.076 Assistant attorney general; public intervenor; advisory
13committee.
The attorney general shall appoint a public intervenor advisory
14committee under s. 15.04 (1) (c). The public intervenor advisory committee shall
15consist of not less than 7 nor more than 9 members. The members shall have
16backgrounds in or demonstrated experience or records relating to environmental
17protection or natural resource conservation. At least one of the members shall have
18working knowledge in business. At least one of the members shall have working
19knowledge in agriculture. The public intervenor advisory committee shall advise the
20public intervenor consistent with his or her duty to protect public rights in water and
21other natural resources. The public intervenor advisory committee shall conduct
22meetings consistent with subch. V of ch. 19 and shall permit public participation and
23public comment on public intervenor activities.".
AB768-SA3,3,24 243. Page 475, line 12: after that line insert:
AB768-SA3,4,1
1" Section 665m. 814.245 (2) (d) of the statutes is amended to read:
AB768-SA3,4,32 814.245 (2) (d) "State agency" does not include the public intervenor or citizens
3utility board.".
AB768-SA3,4,4 44. Page 522, line 21: after that line insert:
AB768-SA3,4,5 5"(1f) Transfer of public intervenor personnel and effects.
AB768-SA3,4,10 6(a) Assets and liabilities. On the effective date of this paragraph, the assets and
7liabilities of the department of natural resources that on October 1, 1997, were
8primarily related to the functions of the public intervenor, as determined by the
9secretary of administration, shall become the assets and liabilities of the department
10of justice.
AB768-SA3,4,21 11(b) Transfer of position and employe. On the effective date of this paragraph,
121.0 FTE GPR attorney who on October 1, 1997, had duties primarily related to the
13public intervenor, as determined by the secretary of administration, is transferred
14from the department of natural resources to the department of justice. The employe
15transferred under this paragraph has all the rights and the same status under
16subchapter V of chapter 111 and chapter 230 of the statutes in the department of
17justice that the employe enjoyed in the department of natural resources on October
181, 1997, or on the effective date of this paragraph, whichever date the secretary of
19administration determines provides the greatest rights and status.
20Notwithstanding section 230.28 (4) of the statutes, no employe so transferred who
21has attained permanent status in class is required to serve a probationary period.
AB768-SA3,5,2 22(c) Tangible personal property. On the effective date of this paragraph, all
23tangible personal property, including records, of the department of natural resources
24that on October 1, 1997, was primarily related to the functions of the public

1intervenor, as determined by the secretary of administration, is transferred to the
2department of justice.
AB768-SA3,5,8 3(d) Contracts. All contracts entered into by the department of natural resources
4in effect on the effective date of this paragraph that are primarily related to the
5functions of the public intervenor, as determined by the secretary of administration,
6remain in effect and are transferred to the department of justice. The department
7of justice shall carry out any such contractual obligations unless modified or
8rescinded by the department of justice to the extent allowed under the contract.
AB768-SA3,5,17 9(e) Rules and orders. All rules promulgated by the department of natural
10resources in effect on the effective date of this paragraph that are primarily related
11to the functions of the public intervenor, as determined by the secretary of
12administration, remain in effect until their specified expiration dates or until
13amended or repealed by the department of justice. All orders issued by the
14department of natural resources in effect on the effective date of this paragraph that
15are primarily related to the functions of the public intervenor, as determined by the
16secretary of administration, remain in effect until their specified expiration dates or
17until modified or rescinded by the department of justice.
AB768-SA3,5,23 18(f) Pending matters. Any matter pending with the department of natural
19resources on the effective date of this paragraph that is primarily related to the
20functions of the public intervenor, as determined by the secretary of administration,
21is transferred to the department of justice and all materials submitted to or actions
22taken by the department of natural resources with respect to the pending matter are
23considered as having been submitted to or taken by the department of justice.".
AB768-SA3,5,24 245. Page 549, line 14: after that line insert:
AB768-SA3,6,1
1" Section 9230. Appropriation changes; justice.
AB768-SA3,6,7 2(1) Office of public intervenor. In the schedule under section 20.005 (3) of the
3statutes for the appropriation to the department of justice under section 20.455 (1)
4(a) of the statutes, as affected by the acts of 1997, the dollar amount is increased by
5$120,700 for fiscal year 1998-99, to increase the authorized FTE positions for the
6department by 1.0 GPR attorney position on the effective date of this subsection for
7the purposes of the public intervenor.".
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